Review article
https://doi.org/10.31141/zrpfs.2025.62.157.367
Withdrawal of a Company Share – A Legitimate Model of Regulation of Internal Relations in Company or a Source Of Abuse
Dejan Bodul
; Sveučilište u Rijeci, Pravni Fakultet u Rijeci
Vedrana Švedl Blažeka
; Odvjetničko društvo Željko Švedl i Vedrana Švedl Blažeka
Abstract
A company share can only be withdrawn if this is expressly stipulated in the Articles of
association. The reasons, process and detailed elaboration of the legal consequences of the
withdrawal of a company share are not regulated by law, although there is a serious practical need.
In German legal doctrine, it is also pointed out that this is one of the most difficult provisions
governing legal relations in a limited liability company, as it carries numerous controversies. The
institute of withdrawal of company shares is a legitimate means of regulating internal relations in
company, but due to regulatory (and contractual) substandardness, the possibility of abuse is not
excluded. Since the legal doctrine approaches this issue with caution, it is evident that the observed
controversies should be resolved by regulatory intervention in the very institution of the withdrawal
of business share following the example of comparative legislation in which they represent a good
practice of solving this issue.
Keywords
company share; withdrawal of a company share; termination of a company share; forced withdrawal
Hrčak ID:
340166
URI
Publication date:
30.9.2025.
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